Certain Aluminum Foil From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders, 67728 [2023-21653]
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[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)] [Notices] [Page 67728] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2023-21653] [[Page 67728]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-053, C-570-054] Certain Aluminum Foil From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on certain aluminum foil (aluminum foil) from the People's Republic of China (China) would likely lead to the continuation or recurrence of dumping and countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders. DATES: Applicable September 22, 2023. FOR FURTHER INFORMATION CONTACT: Harrison Tanchuck or Erin Kearney, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-7421, or (202) 482-0167, respectively. SUPPLEMENTARY INFORMATION: Background On April 19, 2018, Commerce published in the Federal Register the AD and CVD orders on aluminum foil from China.\1\ On March 1, 2023, the ITC instituted,\2\ and Commerce initiated,\3\ the first sunset review of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of its reviews, Commerce determined that revocation of the Orders would likely lead to the continuation or recurrence of dumping and countervailable subsidies, and therefore, notified the ITC of the magnitude of the margins of dumping and subsidy rates likely to prevail should the Orders be revoked.\4\ --------------------------------------------------------------------------- \1\ See Certain Aluminum Foil from the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 83 FR 17362 (April 19, 2018); see also Certain Aluminum Foil from the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 83 FR 17360 (April 19, 2018); and Certain Aluminum Foil from the People's Republic of China: Notice of Court Decision Not in Harmony With the Amended Final Determination in the Countervailing Duty Investigation, and Notice of Amended Final Determination and Amended Countervailing Duty Order, 85 FR 47730 (August 6, 2020) (collectively, the Orders). \2\ See Aluminum Foil from China; Institution of Five-Year Reviews, 88 FR 12990 (March 1, 2023). \3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 12915 (March 1, 2023). \4\ See Certain Aluminum Foil from the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order, 88 FR 42292 (June 30, 2023), and accompanying Issues and Decision Memorandum (IDM); see also Certain Aluminum Foil from the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order, 88 FR 42884 (June 28, 2023), and accompanying IDM. --------------------------------------------------------------------------- On September 22, 2023, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Orders would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.\5\ --------------------------------------------------------------------------- \5\ See Aluminum Foil from China; Determinations, 88 FR 65405 (September 22, 2023) (ITC Final Determination). --------------------------------------------------------------------------- Scope of the Orders The merchandise covered by these Orders is aluminum foil having a thickness of 0.2 mm or less, in reels exceeding 25 pounds, regardless of width. Aluminum foil is made from an aluminum alloy that contains more than 92 percent aluminum. Aluminum foil may be made to ASTM specification ASTM B479, but can also be made to other specifications. Regardless of specification, however, all aluminum foil meeting the scope description is included in the scope, including aluminum foil to which lubricant has been applied to one or both sides of the foil. Excluded from the scope of these Orders is aluminum foil that is backed with paper, paperboard, plastics, or similar backing materials on one side or both sides of the aluminum foil, as well as etched capacitor foil and aluminum foil that is cut to shape. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above. The products under the Orders are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7607.11.3000, 7607.11.6000, 7607.11.9030, 7607.11.9060, 7607.11.9090, and 7607.19.6000. Further, merchandise that falls within the scope of these Orders may also be entered into the United States under HTSUS subheadings 7606.11.3060, 7606.11.6000, 7606.12.3045, 7606.12.3055, 7606.12.3090, 7606.12.6000, 7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these Orders is dispositive. Continuation of the Orders As a result of the determinations by Commerce and the ITC that revocation of the Orders would likely lead to continuation or recurrence of dumping and countervailable subsidies, and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, Commerce hereby orders the continuation of the Orders. U.S. Customs and Border Protection will continue to collect AD and CVD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Orders will be September 22, 2023.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next five-year reviews of the Orders not later than 30 days prior to fifth anniversary of the date of the last determination by the ITC. --------------------------------------------------------------------------- \6\ See ITC Final Determination. --------------------------------------------------------------------------- Administrative Protective Order (APO) This notice also serves as a final reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties These five-year (sunset) reviews and this notice are in accordance with sections 751(c) and 751(d)(2) of the Act and published in accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4). Dated: September 26, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023-21653 Filed 9-29-23; 8:45 am] BILLING CODE 3510-DS-P
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